REP PC 128 11/28/2006 2004-2006 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE• November 28, 2006 Re: Comm. No. 1102Bi11 No. 345 PLACE: Coucilroom (new location) Ben Franklin Building 333 Kilauea Avenue, 2"" Floar Hilo, Hawaii TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 345, reports as follows: Bill No. 345, transmitted by Mayor Harry Kim via Communication No. 1102, dated September 27, 2006, amends Chapter 25 (Zoning Code), Hawaii County Code, by amending the definition of "family" to include the following: "a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed by the department of health." Bill No. 345 amends Chapter 25, Article 1, Section 25-1-5(b), Hawai`i County Code 1983 (2005 Edition, as amended), by amending the definition of family to address group living facility type programs that operate within asingle-family dwelling. The proposed amendment will allow up to eight residents, plus any program staff, to reside in a group home which is licensed or certified by the Department of Health. Currently, group homes are limited to five unrelated persons, with exceptions for 1) Type II Adult Residential Care Homes for elderly persons or other needing assistance with daily living; or 2) intermediate care facilities/mental retardation communities that currently allow for up to eight persons; or 3) family child care homes, which permit three to six children who are unrelated to the caregiver by blood, marriage, or adoption. For properties in the State Land Use Agricultural District, landowners may apply for a Special Permit to allow uses which accommodate more than five unrelated persons. The proposed amendment will allow the following types of group living programs which are licensed by the State Department of Health: Adult Residential Caze Homes, Special Treatment Facilities, Therapeutic Living Programs, Developmental Disabilities Domiciliary Homes, and Assisted Living Facilities. Clean and Sober Homes are not licensed by the DeparUnent of Health and will not be affected by the proposed amendment. The Planning Department background report states that Oahu and Maui Counties already have adopted language in their codes similar to that being proposed by Bill No. 345. The report goes on to state that: "There may be legal problems if Hawaii County does not do something to make it easier to establish group homes... the courts have ruled that such people [people with disabilities] have [a] special need for group homes. Local governments must make `reasonable accommodations' so that such group homes can be established." Communication 1102 reports that three members of the Planning Commission voted in favor of Bill No. 345 and three members voted against Bill No. 345 at their September 7, 2006 hearing. The three to three votes constitute an unfavorable recommendation by the Planning Commission. PC Report No. 128